In Opinion 1/ 20, for the first time, the cjeu declared a request for an opinion under Article 218(11) tfeu inadmissible due to its ‘premature nature’. The request had been made by Belgium and concerned the compatibility with EU law of Article 26 of the draft modernised Energy Charter Treaty, insofar as it would potentially allow the application of the dispute settlement mechanism to intra- EU disputes. A close examination of Opinion 1/ 20 reveals shortcomings in the attempts to exclude the intra- EU application of Article 26 ect and spillover effects on the ect’s modernisation process. The cjeu’s stance in Opinion 1/ 20, both unprecedented and questionable, is also important for the understanding of the Komstroy judgment, where the cjeu ultimately responded via obiter dictum to the same question presented in the request giving rise to Opinion 1/ 20.